Being screwed by my company

[Saxum]

I have had issues with both my feet for several years but I worked thru the issues as best as I can.  Since I work 2nd shift it is rare that anyone who cares about that I am wearing sandals or have bare (with socks) feet especially since I sit at a desk most of the night.  However it has gotten worse recently so I consulted a podiatrist who had me go to physical therapy for many months before deciding to attempt correct issue in one of my feet, a big toe for which the joint was fused and hurt every time I walked and due to desk arrangement it was very easy to bang my foot on equipment under desk.  I kept my supervisor in loop entire time including when I would go in for surgery, estimated time off, etc.

 

I had the surgery with doctor discovering issue was greater than expected, was put on short term disability, and after 6 weeks I was told I could go back to work part time with doctor telling me I should wait some but due to HR I felt need to at least be there part time to pay for my benefits. When I did I ensured I covered all the hours my boss needed me to handle; we have overlapping shifts so with part time work all hours were covered even if I needed to do therapy at work (primarily soaking foot in ice water and exercises) and I took short breaks so I could stretch my allowed hours allowing me to cover extra time.

 

At the end of the 12 weeks my foot had not recovered completely and I transitioned to long term disability. The company, a different company than which insured for short term, determined from doctor provided information that I was disabled indefinitely and I needed to emphasis with them that I was already back to work part time or I would have been declared unable to work.   The company which covered physical therapy PT) in the meantime decided that they needed to "review" (delay) PT even though it was specified in contract that I was entitled to so many sessions.  Every time it went under "review" all of my future appointments were cancelled and then when the "review" passed the appointment slots were taken so I went several weeks without PT.  My doctor was using tests from PT company to determine if I was ready to go to work full time since my foot was clearly not healing on schedule. Not having PT which helped drain fluids out of foot certainly did not help.

 

My boss told me it was his impression that company HR thought I would be back to work full time at end of fiscal year. I stated no where did doctor nor long term insurance company state I was ready to go to work full time and contacted HR.  HR told me my job absence was no longer covered under FMLA and my job was no longer protected. She however stated she made no such statement to my boss.  So she said she would contact my supervisor which I did as well.  She told him that if I was not back to work full time I needed to have my status changed to part time, my benefits reduced and if less than 30 hours benefits eliminated.  Note that the long term disability is a required benefit at my company and I needed to pay for it out of pocket - she basically was eliminating the benefit even though I was and still am paying for it.  I asked for a copy of the procedure allowing for this and was ignored and this is a company which has a procedure for everything.

 

My boss told me that he told HR that he was covering all of the hours needed but it made no difference.  My choice was to go to part time or use my paid time off (holidays, sick time and vacation) to cover hours I could not work and he estimated I had enough through March which by that time hopefully I could work full time.  This was NOT an option HR stated and it is clear they are doing this as a money saving measure despite me getting a very high review last year and a "significant" (barely above cost of living) raise last year with both direct customer and government customer citing the good work I have done.

 

I told my boss I'd work my Saturday, Monday and Tuesday shifts but would not be able to work on Wednesdays but would work as many other hours as I could on Thursday; this last part iwas an option he gave me two years ago since I do some work others on contract do not do but aids his job and our visibility.

 

Frankly from now on in my company my attitude at work will reflect this; it has already been mentioned that it has already affected attitude outside of work.  I am being given a choice of quit, work part time with no or reduced benefits or work knowing the amount of time to recover will greatly increase with a lot of pain.  It has been suggested that I get a laywer but all that will do is screw me out of more money.  Virginia is a "right to work" state which means I can be let go for almost any reason and I have seen companies do that for unhappy employees. Proving retaliation retaining a laywer is very difficult.

 

Ironically this month I was contacted by a company my doctor contacted.  They brought me a device to help with draining fluids out of my feet and they wanted to make sure I got it this year after I already met my deductible.  This device would have been very useful months ago but my doctor believes I have damaged lymph glands in foot hence why I am not healing properly.

[BringBackFergy]

What kind of work do you do? 

[Captain_Quint]

4 hours ago, BringBackFergy said:

What kind of work do you do? 

Hes a professional tap dancer. 

[BringBackFergy]

45 minutes ago, Captain_Quint said:

Hes a professional tap dancer. 

It sounds as though he has a desk job (because he said he hits his feet on equipment under the desk). Just wondering if doctor said no more sitting at desk with his condition. 

[Boca BIlls]

Wish I owned a company in Virginia... 

[Mark80]

Take this with a seed of caution.  I am not a lawyer.  I have been to law school and have done a lot of pre-law courses in undergrad and law school dealing with labor / employment law.  These laws vary from state to state (as you are seemingly aware).  Again, I am NOT a practicing attorney though.

 

Here are my thoughts.  If this job is worth it to you still, you should lawyer up.  Often times just getting a letter from an attorney threatening to take further action is enough to get an employer of your back because they realize you are smart enough to not get pushed around.  It won't cost too much for just a consultation and letter.  If you have to take actual legal action, then it could start getting expensive.  However, if you have a solid case you can get Lawyer's fees as part of your case so you could potentially pay nothing.

 

As far as your case goes.  You are only protected Federally by the FMLA for 12 weeks.  Once that time frame of work taken off is done, they have no duty to keep your job (or a similar one) available for you.  Your best bet here is probably going with the ADA (Americans with Disabilities Act) instead.  This requires employers to "reasonably" accommodate the needs of employees with disabilities.  The "reasonably" part is where it gets cloudy as there are many interpretations as to what that means.  So, they need to do their part to make sure you are comfortable and can put in the required work hours to maintain employment, in a nutshell.

 

As far as violating their own internal policies.  There is usually not a law against that, especially in Employment at Will states.  Employee handbooks, for example, are not considered binding contracts in most states.  So, if they don't follow their usual policies that doesn't matter UNLESS they are doing it in a discriminatory fashion against someone of a protected class.  Someone on disability would be a protected class in most cases.

 

Hope that helps a little, and sorry for your pain.  Foot issues are terrible and so painful.

[Marv's Neighbor]

It sucks to be suffering with a health condition and then getting sh*t from your employer too!

 

We got screwed by our company because they went CH11.  I guess we were lucky that we were just old enough to "retire," but our earned, promised pensions got dumped on the PBGC, and we now get pennies on the dollar.  We were also forced to take a 20% pay cut, years before we retired to buy company stock, which limited what we could save in a 401K and also turned out to be worthless because of the bankruptcy.

 

So now, 15 years later, we're scraping along while our former company has become very successful, with not so much as a look at their retirees.

 

[JohnC]

27 minutes ago, Mark80 said:

Take this with a seed of caution.  I am not a lawyer.  I have been to law school and have done a lot of pre-law courses in undergrad and law school dealing with labor / employment law.  These laws vary from state to state (as you are seemingly aware).  Again, I am NOT a practicing attorney though.

 

Here are my thoughts.  If this job is worth it to you still, you should lawyer up.  Often times just getting a letter from an attorney threatening to take further action is enough to get an employer of your back because they realize you are smart enough to not get pushed around.  It won't cost too much for just a consultation and letter.  If you have to take actual legal action, then it could start getting expensive.  However, if you have a solid case you can get Lawyer's fees as part of your case so you could potentially pay nothing.

 

As far as your case goes.  You are only protected Federally by the FMLA for 12 weeks.  Once that time frame of work taken off is done, they have no duty to keep your job (or a similar one) available for you.  Your best bet here is probably going with the ADA (Americans with Disabilities Act) instead.  This requires employers to "reasonably" accommodate the needs of employees with disabilities.  The "reasonably" part is where it gets cloudy as there are many interpretations as to what that means.  So, they need to do their part to make sure you are comfortable and can put in the required work hours to maintain employment, in a nutshell.

 

As far as violating their own internal policies.  There is usually not a law against that, especially in Employment at Will states.  Employee handbooks, for example, are not considered binding contracts in most states.  So, if they don't follow their usual policies that doesn't matter UNLESS they are doing it in a discriminatory fashion against someone of a protected class.  Someone on disability would be a protected class in most cases.

 

Hope that helps a little, and sorry for your pain.  Foot issues are terrible and so painful.

The problem with going the lawyer route in a Right to Work State such as Virginia is that the legal system doesn't offer you much protection when you enter that system. When you get entangled with the long drawn out process where the process decidedly favors the corporate side you end up financially depleted and emotionally spent with the outcome predictable, a loss. If the aggrieved worker takes the perspective that he is morally right then he is going to have to face the brutal realities of the system. From the situation that the Limeaid describes he is not being treated fairly yet he is not in a position of power to right a wrong. 

 

The aggrieved party needs to not let this situation get him so demoralized that he outwardly expresses his dissatisfaction that is apparent to the company. Then he will be an employee who will be a target for releasing. The harsh and ugly reality is if an HR department wants to find an excuse to legally let you go they can find it or manufacture it. Sometimes winning the battle doesn't mean that you win the war. 

 

My advice is to do every thing to get healthy and maintain a good job record so one's options are open when another job becomes available. Being a disgruntled employee will not help where he is at and it will preclude/taint him when seeking other employment options. 

[Mark80]

42 minutes ago, JohnC said:

The problem with going the lawyer route in a Right to Work State such as Virginia is that the legal system doesn't offer you much protection when you enter that system. When you get entangled with the long drawn out process where the process decidedly favors the corporate side you end up financially depleted and emotionally spent with the outcome predictable, a loss. If the aggrieved worker takes the perspective that he is morally right then he is going to have to face the brutal realities of the system. From the situation that the Limeaid describes he is not being treated fairly yet he is not in a position of power to right a wrong. 

 

The aggrieved party needs to not let this situation get him so demoralized that he outwardly expresses his dissatisfaction that is apparent to the company. Then he will be an employee who will be a target for releasing. The harsh and ugly reality is if an HR department wants to find an excuse to legally let you go they can find it or manufacture it. Sometimes winning the battle doesn't mean that you win the war. 

 

My advice is to do every thing to get healthy and maintain a good job record so one's options are open when another job becomes available. Being a disgruntled employee will not help where he is at and it will preclude/taint him when seeking other employment options. 

 

Agreed, that is why I said "if the job is worth it to you still."  I would not be battling it out in the legal system unless it was a job that I really loved or I knew I wouldn't be able to find another one with similar compensation if I left (or was forced to leave). 

[Gugny]

3 hours ago, Boca BIlls said:

Wish I owned a company in Virginia... 

 

New York is an at will state and STILL impossible to fire people.  It really means nothing.

[WhoTom]

Sorry about getting the shaft from your company, Limeaid. Loyalty is no longer a thing in the corporate world. In the long run, that's not good for anybody, including businesses. But the executives all about quarterly profits and short-term gains, so they don't care.

 

Not to make light of an ugly situation, but I couldn't help notice that these two threads were at the top of this forum:

 

 

 

[KD in CA]

 It sounds more like an issue with the insurance people, but I'm a bit lost by your story as you said you transitioned to LTD, but are you not being paid under that policy?

 

From their perspective you are either able to work full-time, in which case they are certainly entitled to expect that, or you aren't, in which case you should be on disability, or transition to part-time if that's all you are able to work.  They can't continue benefits to a part-time employee without giving benefits to all part-time employees (discrimination lawsuits would quickly follow).

 

If they are offering to let you use accrued PTO to maintain full-time status, that sounds like a solution.  That's standard operating procedure for people on short-term disability (most frequently maternity leave).

 

[JohnC]

4 minutes ago, KD in CA said:

 It sounds more like an issue with the insurance people, but I'm a bit lost by your story as you said you transitioned to LTD, but are you not being paid under that policy?

 

From their perspective you are either able to work full-time, in which case they are certainly entitled to expect that, or you aren't, in which case you should be on disability, or transition to part-time if that's all you are able to work.  They can't continue benefits to a part-time employee without giving benefits to all part-time employees (discrimination lawsuits would quickly follow).

 

If they are offering to let you use accrued PTO to maintain full-time status, that sounds like a solution.  That's standard operating procedure for people on short-term disability (most frequently maternity leave).

 

There was also an issue of a communication problem among Limeaid, his supervisor and HR. Maybe a meeting among all the parties involved would help to clarify what the best option is for this particular situation. Instead of taking a combative approach to a conflict/problem maybe there can be clear understanding and agreement as to how to move on to this situation. 

 

If HR's stance is he is a problem to be dealt with then he is going to be in a rear-guard constant state of conflict at war. This is a bad and precarious position for an employee to be in, especially in Virginia. There may be some options here that all the parties can agree to. Although sometimes a solution is not perfect for the employee it still could be acceptable enough to be satisfactory at least for now. What he needs to do is to buy enough time to get fully healthy and then make a decision about his current job. Sometimes holding on is better than letting go especially when there is no parachute or the parachute has holes in it. 

[Saxum]

JohnC, your statements match how I am looking at it.  

1 hour ago, KD in CA said:

 It sounds more like an issue with the insurance people, but I'm a bit lost by your story as you said you transitioned to LTD, but are you not being paid under that policy?

 

From their perspective you are either able to work full-time, in which case they are certainly entitled to expect that, or you aren't, in which case you should be on disability, or transition to part-time if that's all you are able to work.  They can't continue benefits to a part-time employee without giving benefits to all part-time employees (discrimination lawsuits would quickly follow).

 

If they are offering to let you use accrued PTO to maintain full-time status, that sounds like a solution.  That's standard operating procedure for people on short-term disability (most frequently maternity leave).

 

 

It is NOT a insurance issue, it is a HR issue.  My boss has no issue with being on part time disability, and long term disability insurance is paying.   HR's solution would take away the 16 hours a week long term disability is paying.

 

Doctor states I am not able to work full time. HR is trying to save the company from paying full holiday/vacation/sick time by making me a part time employee. Doctor said I can work 24 hours a week and if I work that many hours as part time employee I am not entitled to ANY benefits including health insurance which I definitely need and it I had to buy it on my own I'd have to deal with "preexisting" condition not being covered.

1 hour ago, Gugny said:

 

New York is an at will state and STILL impossible to fire people.  It really means nothing.

 

In Virginia it does make a difference.

[RochesterRob]

1 hour ago, WhoTom said:

Sorry about getting the shaft from your company, Limeaid. Loyalty is no longer a thing in the corporate world. In the long run, that's not good for anybody, including businesses. But the executives all about quarterly profits and short-term gains, so they don't care.

 

Not to make light of an ugly situation, but I couldn't help notice that these two threads were at the top of this forum:

 

 

 

  Damn, you beat me to it.

[Gugny]

2 hours ago, Limeaid said:

JohnC, your statements match how I am looking at it.  

 

It is NOT a insurance issue, it is a HR issue.  My boss has no issue with being on part time disability, and long term disability insurance is paying.   HR's solution would take away the 16 hours a week long term disability is paying.

 

Doctor states I am not able to work full time. HR is trying to save the company from paying full holiday/vacation/sick time by making me a part time employee. Doctor said I can work 24 hours a week and if I work that many hours as part time employee I am not entitled to ANY benefits including health insurance which I definitely need and it I had to buy it on my own I'd have to deal with "preexisting" condition not being covered.

 

In Virginia it does make a difference.

 

Regardless, I'm still very sorry to read what you're going through.  I hope everything turns out okay for you, both with your job and your health.

[JohnC]

5 hours ago, Limeaid said:

JohnC, your statements match how I am looking at it.  

 

It is NOT a insurance issue, it is a HR issue.  My boss has no issue with being on part time disability, and long term disability insurance is paying.   HR's solution would take away the 16 hours a week long term disability is paying.

 

Doctor states I am not able to work full time. HR is trying to save the company from paying full holiday/vacation/sick time by making me a part time employee. Doctor said I can work 24 hours a week and if I work that many hours as part time employee I am not entitled to ANY benefits including health insurance which I definitely need and it I had to buy it on my own I'd have to deal with "preexisting" condition not being covered.

 

In Virginia it does make a difference.

Limeaid, I don't want to get into your personal medical situation because it is your personal information. But the big issue is your current health status and more importantly your prognosis. If the doctor/s you are seeing believe that in due time you will return to a full employment status then your options are different than if a prognosis is inconclusive and involves more long term disability. Then your situation is more precarious because of HR's more punitive stance.

 

It seems your boss is  empathetic and supportive to your situation. It also seems that your doctor/s are willing to be supportive in your case. So you have allies there. Try to work through your boss and let him be your interlocuter with HR. Be careful not to make this a combative situation with HR because it has the ability to write up the conflict in such a way that puts your job in jeopardy.  

 

As I stated in a prior post the worst thing you can do is be an outwardly disgruntled employee in which the company's easiest solution would be to send you packing and make your future employment options very difficult. The more important you are to the company the more likely it is to stand up for your interest. 

 

 I know that this type of lingering situation can create an omnipresent stress that can take the joy out of one's daily life. If you can get a reasonable (compromise) solution to your situation don't be afraid to take it instead of waiting for a perfect solution that may not come. 

 

I wish you the best. Good luck!

[Saxum]

Fortunately even on partial disability I am the best person my boss has on my position and three people have left resulting in him asking me for someone to full empty slot. Even disgruntled and not making full effort I am still his best employee.  I am at a position with very little visibility at operations center not at company office and government customer have lost 2 supervisors in last 9 months so there is no supervision either.  I am often asked what to do by the employees of another contractor and while I am always careful about wording my advice the government customer and prime contractor know they are better off with me than without me.  I am not just going to make the extra effort which normally takes me from 95% to 99% percentile.

[EmotionallyUnstable]

Get better soon. 

 

I'm sorry to hear this. Have you sought the counsel of more senior or experienced workers in your field? Is it possible someone has been through a similar situation that you could reach out to? 

 

I value my union membership and stories like this always piss me off. I hope you get what you deserve and have earned. 

[Steptide]

Different circumstances, but my last boss was super trigger happy when it came to firing guys. The more seniority you had, the less chance you had of getting fired, but in 14 years working for him, I missed work twice due to illness.most times, I'd work through sickness or injury. I was that paranoid about it. I tore my hamstring one year and refused to even tell him about ( my job is physically demanding) because I knew he wouldn't let me work, and I refused to miss time. I don't care how long a person works for an employer, I do not trust any company. I've known way too many people who've gotten screwed by their employer after working for them for 20 or more years.